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BECHTEL CONSTRUCTION COMPANY, ET AL
VS.
VIVIAN CAMPBELL
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Robert A. Fox David F. Hensley
FOX & FARMER MILLIGAN, BARRY, HENSLEY
5726 Marlin Road, Ste 200 & EVANS
Chattanooga, TN 37411 800 First Tennessee Building
700 Market Street
Chattanooga, N 37402
Judge:INMAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
The issue in this case is whether the evidence preponderates against
the finding of the trial court that the employee did not suffer a
compensable injury or an aggravation thereof within the purview of the
workers' compensation laws. Review of the findings of fact made
by the trial court is de novo upon the record of the trial court,
accompanied by a presumption of the correctness of the finding, unless
the preponderance of the evidence is otherwise. Tenn. Code Ann. S
50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550
(Tenn. 1995).
http://www.tba.org/tba_files/TSC_WCP/Bechtel_wc3.WP6
DENISE STAVROPOULOS
VS.
SATURN CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Thomas H. Peebles, IV J. Anthony Arena
Dana C. McLendon, III Schulman, LeRoy & Bennett, P.C.
Waller Landsen Dortch & Davis 501 Union Building, 7th Floor
809 S. Main Street, Suite 300 P. O. Box 190676
Post Office Box 1035 Nashville, TN 37219-0676
Judge:INMAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
Denise Stavropoulos (employee), suffered bilateral hand numbness and
later severe neck pain with no identifiable precipitating event.
Massive cervical disc herniation was diagnosed and corrective surgery
was performed. The trial court found the condition to be work-related
and awarded 90 percent permanent partial vocational disability, in
lump sum, and temporary total disability benefits, set off by group
disability benefits which had been paid as of the date of trial.
http://www.tba.org/tba_files/TSC_WCP/Stavrop_opn.WP6STATE OF TENNESSEE
VS.
TONY A. BAKER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOE R. JOHNSON, II JOHN KNOX WALKUP
509 West Court Square Attorney General and Reporter
Springfield, TN 37172
DARYL J. BRAND
Senior Counsel
425 Fifth Avenue North
Nashville, TN 37243
JOHN CARNEY
District Attorney General
DENT MORRISS
Assistant District Attorney
Main Street
Springfield, TN 37172
Judge:SMITH
First Paragraph:
On February 11, 1997, a Robertson County jury convicted Appellant Tony
A. Baker of two counts of selling cocaine. After a sentencing hearing
on April 11, 1997, the trial court sentenced Appellant as a Range II
multiple offender to a term of eight years imprisonment for each
count, with the sentences to run consecutively. Appellant challenges
both his convictions and his sentences, raising the following issues:
1) whether the evidence was sufficient to support his convictions; 2)
whether the trial court imposed sentences of excessive length; and 3)
whether the trial court erred when it imposed consecutive sentencing.
After a review of the record, we affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/Bakerton_opn.WP6
BYRON LEWIS BLACK
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Donald E. Dawson John Knox Walkup
Post-Conviction Defender Attorney General of Tennessee
Paul N. Buchanan Michael E. Moore
Post Conviction Defender Solicitor General
1320 Andrew Jackson Building
500 Deaderick Street Kenneth W. Rucker
Nashville, TN 37243 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
John Zimmermann
Assistant District Attorney General
Washington Square, 222 2nd Ave. N.
Nashville, TN 37201-1649
Judge:TIPTON
First Paragraph:
The petitioner, Byron Lewis Black, appeals as of right from the order
of the Davidson County Criminal Court denying him post-conviction
relief for three first degree murder convictions and one burglary
conviction he received in 1989. The petitioner was sentenced to death
for one of the murders with the jury finding six aggravating
circumstances to be applicable. He received consecutive life
sentences for the other two murders and a fifteen-year sentence for
the burglary. The judgments of conviction were affirmed on direct
appeal. State v. Black, 815 S.W.2d 166 (Tenn. 1991).
http://www.tba.org/tba_files/TCCA/Blackbl_opn.WP6
STATE OF TENNESSEE
VS.
MARTY CROUCH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS H. MILLER JOHN KNOX WALKUP
P.O. Box 681662 Attorney General & Reporter
Franklin, TN 37068-1662
(On Appeal) TIMOTHY BEHAN
Asst. Attorney General
JAMES E. BROCKMAN Cordell Hull Bldg., 2nd Fl.
P.O. Box 25 425 Fifth Ave., North
Parsons, TN 38363 Nashville, TN 37243-0493
(At Trial)
RON DAVIS
District Attorney General
DONALD W. SCHWENDIMANN
Asst. District Attorney General
481 East Main St.
Hohenwald, TN 38462
Judge:PEAY
First Paragraph:
On February 22, 1996, the defendant was found guilty by a jury of one
count of possession of marijuana, one count of possession of drug
paraphernalia, and one count of possession of a handgun by one who has
been convicted of a felony drug offense. The defendant was
subsequently sentenced to a term of eleven months, twenty-nine days
with regard to the possession of marijuana and drug paraphernalia and
a term of three years with regard to the possession of a handgun.
These sentences were to run concurrently to each other and were to be
served in the Tennessee Department of Correction.
http://www.tba.org/tba_files/TCCA/Crouchm_opn.WP6
STATE OF TENNESSEE
VS.
CEDRIC K. HARTS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Carlton M. Lewis John Knox Walkup
208 Third Avenue North Attorney General of Tennessee
Nashville, TN 37201 and
Elizabeth B. Marney
Assistant Attorney General of Tennessee
425 Fifth Ave., North
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Katrin N. Miller
Assistant District Attorney General
Washington Square
222 2nd Avenue North
Nashville, TN 37201-1649
Judge:TIPTON
First Paragraph:
The defendant, Cedric K. Harts, was convicted by a jury in the
Davidson County Criminal Court for rape, a Class B felony. He
received a nine-year sentence as a Range I, standard offender. In
this appeal as of right, he contends that: (1) the trial court erred
by refusing to suppress his statement to police given at the time of
his arrest in violation of his rights provided by Miranda v. Arizona,
384 U.S. 436, 86 S. Ct. 1602 (1966); and
(2) the trial court erred by instructing the jury regarding minimum
release eligibility from confinement in violation of due process and
separation of powers.
We affirm the trial court.
http://www.tba.org/tba_files/TCCA/Hartsck_opn.WP6
STATE OF TENNESSEE
VS.
ANDRE L. HENDERSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY D. DROLSUM JOHN KNOX WALKUP
Assistant Public Defender Attorney General and Reporter
407 C. Main Street
P. O. Box 68 DARYL J. BRAND
Franklin, TN 37065-0068 Senior Counsel
KIM R. HELPER
Legal Assistant
425 Fifth Avenue North
Nashville, TN 37243-0493
JOE D. BAUGH, JR.
District Attorney General
DEREK SMITH
Assistant District Attorney
P. O. Box 937
Franklin, TN 37065-0937
Judge:SMITH
First Paragraph:
On November 24, 1997, Appellee Andre L. Henderson pled guilty to one
count of aggravated robbery. Following a two-day sentencing hearing
on January 9 and 20, 1998, the trial court sentenced Appellee as a
Range I standard offender to eight years in the Community Corrections
Program. On January 22, 1998, the State filed a motion to reconsider
sentence. After a hearing, the trial court denied the motion. The
State challenges the denial of its motion, raising the following
issue: whether a defendant who is convicted of aggravated robbery can
be sentenced to a term in the Community Corrections Program. After a
review of the record, we reverse the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Henderan_opn.WP6
STATE OF TENNESSEE
VS.
JUAN ALFONZO HILL
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Fred Lance John Knox Walkup
804 West Market Street Attorney General of Tennessee
Johnson City, TN 37601 and
Sandy C. Patrick
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
and
Joe Crumley
Assistant District Attorney General
P.O. Box 38
Jonesborough, TN 37659
Judge:TIPTON
First Paragraph:
The defendant, Juan Alfonzo Hill, appeals as of right following his
conviction by a jury in the Washington County Criminal Court for rape
of a child, a Class A felony. The defendant was sentenced to
thirty-five years confinement to be served in the custody of the
Department of Correction as a Range II, multiple offender and was
fined twenty-five thousand dollars. In this appeal, the defendant
presents the following issues for our review: (1) whether the trial
court erred by allowing extensive questioning of the defendant on
cross-examination about his previous convictions;
(2) whether the trial court erred by admitting a prejudicial
tape-recorded conversation between the defendant and the officer
investigating his case; and
(3) whether the trial court imposed an excessive sentence.
We affirm the judgment of conviction.
http://www.tba.org/tba_files/TCCA/Hillja_opn.WP6
HAROLD DAVID JONES
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
MICHAEL R. JONES
District Public Defender
109 South Second Street
Clarksville, TN 37040
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOHN WESLEY CARNEY, JR.
District Attorney General
DENT MORRISS
Assistant District Attorney General
500 South Main Street
Springfield, TN 37172
Judge:RILEY
First Paragraph:
Petitioner, Harold David Jones, appeals from the dismissal of his
petition for post-conviction relief by the Circuit Court of Robertson
County. Previously, he entered a nolo contendere plea to second
degree murder and received a Range II sentence of 35 years. The
following issues are presented for our review: 1. whether the
petition was filed within the applicable statute of limitations; and
2. whether the nolo contendere plea was the result of ineffective
assistance of counsel.
We find no reversible error and AFFIRM the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/Joneshd_opn.WP6
STATE OF TENNESSEE
VS.
JOSEPH FRANK LYLES
ORDER
Court:TCCA
Judge:RILEY
First Paragraph:
Appellant, Joseph Frank Lyles, was charged with committing an
aggravated assault on November 5, 1997, while on probation from an
earlier felony conviction. A probation violation warrant was filed on
December 7, 1997. The trial court conducted a full hearing and found
appellant in violation. As a result, appellant's probation was
extended an additional six months. Appellant challenges that
extension of his probation.
http://www.tba.org/tba_files/TCCA/Lylesjf_opn.WP6
STATE OF TENNESSEE
VS.
RICKY HARLIN NEAL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RICHARD J. BRODHEAD JOHN KNOX WALKUP
Cedars Center Attorney General & Reporter
307 West Main St.
Lebanon, TN 37087 GEORGIA BLYTHE FELNER
Asst. Attorney General
Cordell Hull Bldg., 2nd Fl.
425 Fifth Ave., North
Nashville, TN 37243-0493
TOM P. THOMPSON
District Attorney General
ROBERT HIBBETT
Asst. District Attorney General
119 South College St.
Lebanon, TN 37087
Judge:PEAY
First Paragraph:
The Wilson County grand jury indicted the defendant on five counts of
incest. The defendant pled guilty to one count of incest, and the
remaining counts were dismissed. At the subsequent sentencing
hearing, the trial judge denied probation and sentenced the defendant
to a term of five years to be served in the Tennessee Department of
Correction. The defendant now appeals this sentence, contending that
it is "excessive in that the testimony . . . does not justify that the
[d]efendant should serve the five year sentence in the [s]tate
[p]enitentiary instead of on probation . . . . " It is unclear if the
defendant is attacking the length of his sentence or only the denial
of probation. After a review of the record and applicable law, we
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Nealrh_opn.WP6
STATE OF TENNESSEE
VS.
RICKY HARLIN NEAL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY M. WARNER JOHN KNOX WALKUP
Attorney for Jack Thomas Norris Attorney General and Reporter
P. O. Box 601
Crossville, TN 38557 MARVIN E. CLEMENTS, JR.
Assistant Attorney General
MARGARET JANE POWERS 425 Fifth Avenue North
Attorney for Ernest Ray Meadows Nashville, TN 37243-0493
79 North Main Street
Crossville, TN 38555-4576 BILL GIBSON
District Attorney General
ANTHONY J. CRAIGHEAD
Assistant District Attorney
145 South Jefferson Street
Cookeville, TN 38501
DAVID PATTERSON
Assistant District Attorney
206 East Second Street
Crossville, TN 38555
Judge:SMITH
First Paragraph:
The appellants, Jack Thomas Norris and Earnest Ray Meadows, were
convicted by a Cumberland County jury of attempted first degree
murder. Norris received a sentence of 24 years for his conviction, and
Meadows was sentenced to 22 years. On appeal, Norris and Meadows
raise several joint issues for our consideration: 1) whether the
evidence presented by the state was sufficient to support the jury's
verdict;
2) whether the trial court erred in denying a motion for a
continuance;
3) whether the prosecution improperly used the "missing witness"
argument in its closing; and
4) whether the trial court erred in refusing to grant a new trial
after a juror attempted to impeach its own verdict.
Additionally, Meadows claims that the trial court erred by denying his
motion in limine regarding expert testimony. After a thorough review
of the record before this Court, we affirm the judgment of the trial
court as to both Appellants.
http://www.tba.org/tba_files/TCCA/Norrisja_opn.WP6
ROBERT LEE SHEFFIELD
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM M. KALUDIS JOHN KNOX WALKUP
211 Third Avenue North Attorney General & Reporter
Nashville, TN 37201
TIMOTHY BEHAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
VICTOR S. JOHNSON, III
District Attorney General
JON SEABORG
Assistant District Attorney General
Washington Square, Suite 500
222 2nd Avenue North
Nashville, TN 37201-1649
Judge:WOODALL
First Paragraph:
The Petitioner, Robert Lee Sheffield, appeals as of right the Davidson
County Criminal Court's dismissal of his petition for post-conviction
relief. In this appeal, Petitioner argues that he received the
ineffective assistance of trial counsel. After a careful review of
the record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Shffldrl_opn.WP6
STATE OF TENNESSEE
VS.
ANDRADE BRUCE WILLIAMS, JR.
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Terry J. Canady John Knox Walkup
Attorney at Law Attorney General and Reporter
211 Printer's Alley Bldg.
Suite 400 Kim R. Helper
Nashville, TN 37201 Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Kymberly Haas
Asst. District Attorney General
Washington Sq., Suite 500
222-2nd Ave. North
Nashville, TN 37243-0493
Judge:HAYES
First Paragraph:
The appellant, Andrade Bruce Williams, Jr., was convicted by a jury in
the Davidson County Criminal Court of first degree murder and
attempted especially aggravated robbery. The trial court imposed a
sentence of life imprisonment for the murder and ten years for the
attempted robbery. The sentences were ordered to run concurrently.
In his appeal as of right, the appellant raises two issues for our
review: (1) admission of the appellant's statements which were
allegedly obtained upon promises of leniency and (2) failure to admit
evidence of the victim's reputation for violence.
Following review, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Wmsab_opn.WP6

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